Witness to Christmas Day shooting testifies at assault trial

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Victim of shooting testifies leaving boots at door proves he was invited in

A witness to a shooting in Pleasant Grove, P.E.I., was pressed on his involvement in the altercation during the trial of two men accused of assault and break and enter in connection with the shooting.

Brodie Joseph McQuaid, 25, and Matthew Lindsey Eric Clarke, 30, are on trial connected to events at a house on Christmas Day in 2015.

The home owner, Matthew Misener, is serving a one-year sentence for his role in the shooting. On Tuesday, he testified that McQuaid and Clarke entered his home uninvited.

Misener's friend, the only other person inside the house when McQuaid and Clarke showed up, told the court Thursday that the two men came to the house that morning because Clarke was angry with him over a personal issue.

He testified McQuaid pushed him down and when he got up, he and Clarke got into a scuffle.

CBC is not naming the witness, as he isn't charged with a crime.

Scuffle ends with shot

"Clarke was in my face. He was just kind of intimidating me," the witness told the court.

That scuffle ended, he said, when Matthew Misener hit Clarke with the butt end of a rifle and shot him in the thigh, moments after McQuaid was shot and wounded by three bullets with the same rifle.

The man told the court that when he called 911, he told police no one had been shot, because he was trying to keep everyone out of trouble.

On cross examination, defence lawyer Brendan Hubley asked, "You were willing to lie to protect Mr. Misener, correct?"  

Hubley also asked for specifics about what led up to Clarke and McQuaid entering the house that morning.

"Is it possible there was knocking at the door?" Hubley asked the witness. 

The witness said it is possible, but that he didn't hear knocking. 

Witness admits pushing accused

After further questioning, the witness acknowledged "it's very possible" he actually opened the door for Clarke and McQuaid. 

Hubley also pressed the witness for more details on his scuffle with Clarke, which resulted in the assault charge against Clarke. 

The witness admitted to pushing Clarke twice, before Clarke even touched him.  

Hubley went on to describe to the witness what happened after that. 

"Basically you're holding onto his arms, and he's holding onto your arms. That's the extent of this assault, correct?"

The witness agreed.

The trial continues on Friday.

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